brown, the current governor. both responded by refusing to defend the case and ultimately joined our signed the case and said it was fundamentally and unconstitutional law and they weren't going to defend it. the judge in our case. chief judge von walker, who wrote that historic ruling in this case allowed the intervening defendants, proponents of prop 8 to enter vene and defend the case. in the doma case, the small group on capitol hill at the house have come together and defending it because the federal government won't. at the end of the day, this is unconstitutional and everyone knows it. >> a day of history. it can be a major moment. look what tom goldstein, a very respected blog wrote last week. i have never before seen cases i believed would be discussed 200 years from now. bush v gore. the government's search to prohibit a loving couple to marry and refuse to recognize such a marriage is profound and such is the opposite claim that five justices can read the constitution and strip the people of the power